Opinion Contributor

Getting copyrights right

Bob Goodlatte should include artists in future discussions in Congress, the author writes. | AP Photo

DMCA Abuse

Finally, how anyone could have a serious conversation about copyright in the 21st century without addressing the utter abuse of Digital Millennial Copyright Act notice and take-downs to benefit Big Tech and pirates alike? The “Project’s” failure to even raise this issue is breathtaking.

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For the uninitiated this is a-Whack-a-Mole game of “notice and shakedown” that creators can never win. I personally have to issue hundreds of take down notices to infringing sites each day (or hire a service to do this for me). Most of these sites then claim to remove the infringing file, but often within hours the identical file re-appears on the same site.

Google’s own Transparency Report shows Google receives 20,000,000 DMCA take-down notices a month for search alone! Artists simply cannot afford this huge drain on resources to participate in this game of “catch me if you can.”

Only those who live in an ivory tower could be oblivious to this fundamental disregard for property rights.

I truly believe that this result was never the Congress’s intention. I’m sure Goodlatte respects artists as the creative drivers of copyright — professionals and amateurs alike. Artists have commended him frequently for his support for creators.

The continuing theme of the “Principles” elites is to weaken the rights of artists — artists who are not represented in the non-consensus consensus. And it’s not like they don’t know we are around.

I am confident that Goodlatte will include artists in future discussions in Congress. Not only do we create these works of copyright, but we can provide practical advice for implementing copyright reform on the ground.

Unfortunately, starting the discussion with an elite group masquerading as a “consensus” with selective proposals is a missed opportunity for ending the polarization.

David Lowery is singer songwriter for the bands Cracker and Camper Van Beethoven. He also blogs about musicians rights.